Pennington Bros., Inc.

PENNINGTON BROS., INC. 965 fected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8 (a) (3) of the Act. WE WILL offer to the 16 individuals whose names are listed below im- mediate and full reinstatement to their respective former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges, and make them whole for any loss of pay they may have suffered by reason of the discrimination to them : Charles Kemble James Kallaher Alvin Guenthner John Gossett Kenneth Anderson Max Powell Andrew Hickman Cecil Conrad Aline Marcum French Elsie Crutcher Jewrell Buchanan Loraine Ray Gerardina Buckman Hildred Conrad Charles McCulloch Paul Haas WE WILL bargain collectively upon request with INTERNATIONAL PLATE PRINTERS, DIE STAMPERS AND ENGRAVERS UNION OF NORTH AMERICA, LOCAL No. 5, AFL, as the exclusive representative of all our employees in the bargaining unit described below with respect to rates of pay, wages, hours of employment, and other conditions of employment, and, if an agreement is reached, embody such understanding in a signed contract. The bargaining unit is: All production and maintenance employees at our plant in Louisville, Kentucky, excluding the jewelry superintendent, office employees, and all guards, professional employees, and supervisors as defined in the Act. All our employees are free to become or remain members of INTERNATIONAL PLATE PRINTERS, DIE STAMPERS AND ENGRAVERS UNION OF NORTH AMERICA, LOCAL No. 5, AFL, or of any other labor organization, except to the extent above stated. HARCOURT AND COMPANY, INC., Employer. By ----------------------------------- (Representative ) ( Title) Dated -------------------- This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. PENNINGTON BROS., INC. and BAKERY & CONFECTIONERY WORKERS, INTERNATIONAL UNION OF AMERICA, LOCAL #57, A. F. OF L., PETI- TIONER. Case No. 9-RC-1456. March 31, 1952 Decision, Order, and Direction of Second Election Pursuant to a stipulation for certification upon consent election by the Employer and Petitioner an election was held under the direction of the Regional Director on January 30, 1952. At the close of the election, the tally of ballots showed that of approximately 82 eligible voters, 42 voted for the Petititioner and 39 against. The Employer filed timely objections to conduct affecting results of the election. 98 NLRB No. 141. 998666-vol 98-.53-62 966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Regional Director caused an investigation to be made of the Employer's objections and on February 20, 1952, issued his report. The Regional Director found that before the election the Petitioner distributed copies of a sample ballot which contained an "X" marked in the box under the Petitioner's name and bearing the Regional Director's name and title directly under the sample ballot. The Re- gional Director concluded that the Employer's objections raised sub- stantial and material issues with respect to conduct affecting the re- sults of the election and recommended that a hearing be held. No exceptions were filed. Upon consideration of the objections, the Regional Director's report, and the entire record in this case, the Board finds that the election should be set aside, for the reasons fully set forth in The Am-O-Krome Company, 92 NLRB 893. The Board does not, therefore, consider it necessary to rule on the other objections raised by the Employer. Normally the Board will adopt the Regional Director's report on objections to election where no exceptions are filed to it by any of the parties. The Board's rule in Am-O-Krome, however, warrants set- ting the election aside without the necessity of a hearing. As a hear- ing would serve no useful purpose the Board is not adopting the recom- mendation of the Regional Director that a hearing be held. Order IT Is HEREBY ORDERED that the election held on January 30, 1952, be, and it hereby is, set. aside. [Text of Direction of Second Election omitted from publication in this volume.] KENNECOTT COPPER CORPORATION , RAY DIVISION and INTERNATIONAL BROTHERHOOD or TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION NO. 83, AFL, PETITIONER. Case No. 21-RC-2289. March 31, 1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Leo Fischer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' I One of the intervening unions , International Union of Mine, Mill and Smelter Workers, herein called the Smelter Workers, moved to dismiss the petition on the grounds that the petition is untimely and the unit sought is inappropriate . The hearing officer referred the motion to the Board. For the reasons stated in paragraphs numbered 3 and 4, re- spectively , we find these contentions to be without merit. Accordingly, the motion is denied. 98 NLRB No. 148.